If you are in charge of a motor vehicle while over the limit, you are committing an offence. This can bring 10 penalty points or a period of disqualification.

Drunk in Charge Lawyers in Glasgow

How we can help

Drunk in Charge

People are often unaware that you cannot be seated within or asleep inside a motor vehicle whilst under the influence of alcohol. This will often be a situation where a person has been on a night out and for one reason or another ended up in their car.

It is actually a serious matter and is a contravention of Section 5(1)(b) of the Road Traffic Act. It can lead to a disqualification from driving, which is similar to a drink-driving charge and is an endorsement of the license with 10 penalty points or imposition of a period of disqualification. 

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Road Traffic Lawyers

The consequences of losing your driving licence can be serious. We can help.

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If you have been charged with a crime, we can help. Contact us now

How Our Solicitors Can Help

If you are charged with a Drunk in Charge offence, various circumstances will be considered by the Court before a potential disqualification. For example, the locations of the keys, whether the engine was running, what your plans were, if you intended to drive will be considered and looked into. 

Our expert solicitors will look at your case and establish some key aspects, which include:

  • The burden of proof rests with the accused and the standard of proof is ‘on the balance of probabilities.
  • The balance of probabilities is a lower standard than beyond a reasonable doubt.
  • The defence can be established by uncorroborated evidence. This means the defence can be established by evidence of the accused alone.


If you believe you have a case, get in touch with our expert motoring solicitors who can provide legal advice. 

Free, no-obligation consultation

If you have been charged with a road traffic offence, you need to take advice right away. We have solicitors available 24 hours a day 7 days a week for advice.